Possibilities of Solution to Petty Delicts by Application of a Juridical Institute of Criminal Prosecution with the Consent of Harmed Person

Vol.22,No.2(2014)

Abstract
Authors in their work deal with the matter of solution to petty delicts. These are delicts where attributes of respective merits of concrete crimes are completed, they reach the needed level of public harmfulness so they cannot be resolved by means of other instutites of legal order, however its public harmfulness is still relatively low. Petty delicts, especially proprietorial ones, in a fairly large numbers burden the criminal justice system, which is therefore overloaded. Thus it is desirable to solve such situations in a different way than is a verdict of guilty. Authors seek for opportunities of how to extend the intitute of criminal prosecution with a consent of a harmed person in the way that with its use it would be possible to resolve petty delicts in the stage of verification of the suspicion and not to lower the purpose of criminal proceeding. A special emphasis is given to petty delicts of juveniles where is stressed a role of educational function of criminal law and therefore the application of alternative resolutions of crimes with low public harmfulness is even of a higher demand.

Pages:
115–120
Author biographies

Pavel Jiříček

Department of Criminal Law, Faculty of Law, Masaryk University, Brno

advokát, interní doktorand

Milana Hrušáková

Department of Criminal Law, Faculty of Law, Masaryk University, Brno

odborná asistentka
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